Case law

White & Wells Co. v. Commissioner of Int. Rev.

50 F.2d 120 · Court of Appeals for the Second Circuit · Jun 1, 1931

Pfleghar Hardware Specialty Co. v. Blair (C. C. A.) 30 F.(2d) 614 . … See, also, Independent Ætna Sprinkler Co. v. Commissioner, 15 B. T. A. 521, 534; Mead Cycle Co. v. Commissioner, 10 B. T. A. 887, 895; D. M. & E. Walter & Co. v. Commissioner, 10 B. T. A. 620, 629; Appeal of C. F.

Cecere v. City of New York

967 F.2d 826 · Court of Appeals for the Second Circuit · Jun 26, 1992

Brown, being a private individual, has no claim to such an immunity. See Dennis v. Sparks, 449 U.S. 24 , 101 S.Ct. 183 , 66 L.Ed.2d 185 (1980). … Al-Jundi v. Mancusi, 926 F.2d 235, 237 (2d Cir.) (citing Harlow v.

Scottish Air International, Inc. And Murray Vidockler v. British Caledonian Group, Plc, and Adam Thomson, Dennis H. Walter and R. Marshall Gibson

860 F.2d 57 · Court of Appeals for the Second Circuit · Oct 31, 1988

Uziel v. Hadden, 779 F.2d 4, 5 (2d Cir.1985) (per curiam) (citing Singleton v. Wulff, 428 U.S. 106, 120 , 96 S.Ct. 2868, 2877 , 49 L.Ed.2d 826 (1976); Hormel v. … Helvering, 312 U.S. 552, 556 , 61 S.Ct. 719, 721 , 85 L.Ed. 1037 (1941)); see British Airways Board v. Port Authority of New York, 558 F.2d 75, 82 (2d Cir.1977).

Jones v. East Haven

Court of Appeals for the Second Circuit · Aug 1, 2012

Comm’rs of Bryan Cnty., Okla. v. Brown, 21 520 U.S. 397, 404 (1997) (“[I]t is not enough for a § 1983 plaintiff merely to identify conduct 22 properly attributable to the municipality. … Brown, 520 U.S. at 410. We have held that 10 demonstration of deliberate indifference requires a showing that the official made a conscious 11 choice, and was not merely negligent. Cash v.

Ximines v. George Wingate High School

516 F.3d 156 · Court of Appeals for the Second Circuit · Feb 20, 2008

Torres v. … the Board and its employees.”

Global Naps, Inc. v. Verizon New England, Inc.

454 F.3d 91 · Court of Appeals for the Second Circuit · Jul 5, 2006

Comm'n v. … See TCG N.Y., Inc. v.

O'CONNOR v. Pierson

568 F.3d 64 · Court of Appeals for the Second Circuit · Jun 3, 2009

In June 2001, O’Connor initiated a second action in State Superior Court against the Wethersfield Board of Education. O’Connor v. Wethersfield Bd. of Educ., No. … Compare Lommen v.

Intern. Union, United Auto., Aerospace v. NLRB

520 F.3d 192 · Court of Appeals for the Second Circuit · Mar 20, 2008

Contractors, Inc. v. NLRB, 245 F.3d 109, 116 (2d Cir.2001) (quoting 29 U.S.C. § 160 (e) & (f)), and we review the Board's legal conclusions "to ensure that they have a `reasonable basis in law,'" id. (quoting AT & T v. … Furthermore, we "`defer to the Board's decision when there appears to be more than one reasonable resolution and the Board has adopted one of these.'" Id. (quoting Sheridan Manor Nursing Home, Inc. v.

Guitard v. Secretary of Navy

967 F.2d 737 · Court of Appeals for the Second Circuit · Jun 10, 1992

After receiving the Corrections Board's recommendations, the Secretary may direct "appropriate" corrective action, which includes reinstatement. See Knehans v. … Thus, Guitard should have sought redress before the Discharge Review Board. 22 Nor do the threatened injuries to Guitard justify dispensing with the exhaustion requirement. In Sampson v.

Vincent Hunter v. Walter T. Fogg, Superintendent of Eastern Correctional Facility

616 F.2d 55 · Court of Appeals for the Second Circuit · Feb 15, 1980

Hill v. … Scott v.

The Morning Telegraph, a Division of Triangle Publications, Inc. v. Bertram A. Powers, Individually and as President

450 F.2d 97 · Court of Appeals for the Second Circuit · Nov 5, 1971

. § 107 , and the union sidestepping the doctrine of Dowd Box Co. v. Courtney, 368 U.S. 502 , 82 S.Ct. 519 , 7 L.Ed.2d 483 (1962), and Local 174, Teamsters, etc., v. … Peabody Coal Co. v. Barnes, 308 F.Supp. 902 (E.D.Mo.1969).

United States Ex Rel. Bartsch v. Watkins

175 F.2d 245 · Court of Appeals for the Second Circuit · May 27, 1949

The relator is held at Ellis Island for deportation as an alien excluded from admission by order of a board of special inquiry, affirmed by the Board of Immigration Appeals. … United States v. Reimer, 2 Cir., 103 F.2d 777, 779 ; cf. United States v. Watkins, 2 Cir., 167 F.2d 279, 282 .

Fay v. Douds

172 F.2d 720 · Court of Appeals for the Second Circuit · Feb 11, 1949

The first question is as to the jurisdiction of the District Court which the defendant disputes, invoking our decision in Fitzgerald v. … We need not construe the decision in National Maritime Union v. Herzog, supra, 5 as bolding more than that the “non-complying” union was *726 not entitled to be “certified.”

United States v. Eduardo Orozco-Prada, Humberto Orozco-Prada, Paul Forand and Mahlon Clark

732 F.2d 1076 · Court of Appeals for the Second Circuit · Apr 12, 1984

Circuit reached the same result in Brown v. United States, 299 F.2d 438 (D.C.Cir.), cert. denied, 370 U.S. 946 , 82 S.Ct. 1593 , 8 L.Ed.2d 812 (1962), in an opinion written by then Circuit Judge Burger. … We note that in Brown v. United States, supra, 299 F.2d at 440 n. 3, the DC.

Monjar v. Higgins

132 F.2d 990 · Court of Appeals for the Second Circuit · Jan 18, 1943

Plains Buying & Selling Ass’n v. Com’r, 5 B.T.A. 1147 ; Hoffman v. Com’r, 7 B.T.A. 303 ; Cunningham v. Com’r, 20 B.T.A. 428 ; Missouri Pac. R. Co. v. Com’r, 30 B.T.A. 587 ; Molly-’es Dolloutfitters v. … See also Ohio Steel Foundry Co. v. United States, 38 F.2d 144, 148 , 69 Ct.Cl. 158 ; Kelly v. United States, 9 Cir., 90 F.2d 73 . Cf. Cohen v.

Finnerty v. Cowen

508 F.2d 979 · Court of Appeals for the Second Circuit · Dec 16, 1974

Cowen, Chairman of the Railroad Retirement Board. … Federal agencies like the Board “have neither the power nor the competence to pass on the constitutionality of administrative or legislative action,” Murray v.

Helvering v. Brooklyn City R. Co.

72 F.2d 274 · Court of Appeals for the Second Circuit · Jul 16, 1934

Section 212, Revenue Act of 1921 ( 42 Stat. 237 ); Great West Printing Co. v. Com’r, 60 F.(2d) 749 (C. C. A. 8). … Paso Robles Mercantile Co. v. Com’r, 33 F.(2d) 653 (C. C. A. 9) ; Mann v. U. S., 44 F.(2d) 1005, 1010 (Ct. Cl.); United States v. National T. & E. Co., 45 F.(2d) 1005 (C. C. A. 5); National Shirt Shops v. U.

United States v. Dickson

139 F. 251 · Court of Appeals for the Second Circuit · May 24, 1905

St. 1901, p. 1933]), upon the transmission of the record to him by the Board of General Appraisers, to liquidate the entry according to the decision of the board. … The former liquidation is abandoned so far as it is affected by the decision of the board, and to that extent is as though there had never been a liquidation. Robertson v. Downing, 127 U. S. 607 , 8 Sup. Ct. 1328, 32 L.

Lewis v. Rockefeller

431 F.2d 368 · Court of Appeals for the Second Circuit · Sep 1, 1970

See, e. g., Heaney v. Allen, 425 F.2d 869, 871-872 (2d Cir. 1970); Green v. … United States Board of Parole, 399 F.2d 297 (10th Cir. 1968), and Matter of Briguglio v. New York State Board of Parole, 24 N.Y.2d 21 , 298 N.Y.S.2d 704 , 246 N.E.2d 512 (1969).

Rosenberg v. Groov-Pin Corporation

81 F.2d 46 · Court of Appeals for the Second Circuit · Jan 13, 1936

This was very early adopted first in England, (Harmer v. Plane, 14 Ves. 130; Hill v. Thompson, 3 Mer. 622; Collard v. Allison, 4 Myl. & C. 487) ; and later by us. (Ogle v. Ege, Fed. Cas. … Brown’s British patent alone is enough to throw some doubt upon validity.